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In a majority decision (Winkelmann CJ dissenting) the Supreme Court has dismissed the appeal in Legler v Formannoij. For the background to this matter see The proper corporate trustee. The key issue for decision is set out at as follows at [5] the Supreme Court decision: “It is also common ground that whether Marina’s purpose … Continue reading
Trustees are commonly also beneficiaries of family trusts. However, where sibling rivalry or other family disputes compromise the proper administration of a trust, Court assistance can be necessary to determine whether trustees have been properly removed, or whether some or all of the trustees should be removed. In Lim v Lim-Yip the Court was required … Continue reading
The Supreme Court has held that notwithstanding the fact that “The appellants were abused in a most shocking way by their father when they were children…” that “The imposition of fiduciary obligations based on peculiar vulnerability alone, untied from the analysis of, or even need for, a subsisting relationship, is inconsistent with the relationship-based analysis … Continue reading
“Retaining” the trust when a relationship ends is often not as straight-forward as the relevant parties might consider. This is highlighted in Collinson v Collinson & Co Limited where orders were sought for variation to a trust to allow the inclusion of one the settlor’s child and a any future children with his new party. … Continue reading
When a person dies intestate, the Administration Act 1969 determines how that persons estate is to be distributed and what portion is held subject to statutory trusts. In Public Trust v Berry O’Gorman J considers the appropriate structure for managing the residue of the estate in question following the completion of administrative functions. The alternatives … Continue reading
Robson v Robson helpfully outlines the process to follow when an executor has neglected to prove a will. In this case the named executor did not apply for probate, or renounce. No reasons were given. The substitute executor’s solicitors wrote to the executor when more than six months had elapsed inviting the named executor to … Continue reading
The decisions in Francis v Fishbowl Trustee Stanley Limited both include applications for leave to commence proceedings by originating application. In Francis v Fishbowl, where the substantive proceedings relate to the appointment of a receiver under section 138 of the Trusts Act 2019 the application was not granted. The background to this matter is expressed … Continue reading
AB and BB v CB, DB and EB relates to an application for rectification of a trust deed to remove the requirement for an independent trustee in circumstances where the original trustees were the settlors and a solicitor who was related by marriage. The settlors were of the view that the strict requirement for independence … Continue reading
In Estate of MTMW Pepere Boldt J declined to validate a transcript of two videos as a valid will. Boldt J noted that the deceased was plainly unwell and that it would have been impractical to draft and execute a formal will. Boldt J recorded at [8] that a “… transcript of a video recording … Continue reading
The question posed by the court in An application by Hoglie Trustees Limited as trustee of the Larry Robertson Family Trust was whether the Larry Robertson Family Trust (the Trust) was void from inception due to lack of certainty as to the Trust’s objects. Relevantly section 15 of the Trusts Act 2019 provide that: As … Continue reading
Matters of Trust 